New York, New York – March 29, 2011– The National Advertising Division of the Council of Better Business Bureaus has referred advertising claims for Bene-Via, a beverage marketed to people over 50, to the Federal Trade Commission for further review, following the company’s decision not to participate in review of its advertising.

NAD requested substantiation for certain health-related claims made in print and Internet advertising by HealthSpan Solutions, LLC.  The following are among the claims that served as the basis for NAD’s inquiry:

•  “AGING SCHMAGING.  Thirsty for doctor-developed, boomer-approved way to prove to your body that age is just a number?”
• “It’s the first advancement in adult nutrition in over 20 years.”
• “4 Formulas for the Most Common Needs of Adults 50+:

 –      Strength & Energy is packed with all the nutrients muscles need to keep you strong and active.

–      Heart Health is sugar free and has only 35 calories.  It lowers heart disease risk by up to 18% and helps manage congestive     heart conditions and diabetes

–      Memory & Focus contains DHA/EPA and lutein, and provides a 40% improvement in memory, learning time and retention.

–      Immune Protect strengthens your immune system response against germs and infection to keep you healthy.

In response to NAD’s inquiry, the advertiser declined to provide a substantive response or participate in the self-regulatory process.

In light of the advertiser’s position, NAD has, pursuant to the NAD/NARB Procedures, referred this matter to the Federal Trade Commission for possible law enforcement action.